Sen. Ann Gillespie

Amends the Medical Assistance Article of the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services to cover immunosuppressive drugs and related services associated with post-kidney transplant management for noncitizens who are not eligible for comprehensive medical benefits but meet certain residency and financial requirements under the Code. Effective immediately.

Amends the Governor Succession Act. Makes a technical change in a Section concerning the line of succession for the office of Governor.

Amends the Illinois Income Tax Act. Provides that the earned income tax credit shall be: (i) 20% of the federal tax credit for each taxable year beginning on or after January 1, 2023 and prior to January 1, 2024; (ii) 22% of the federal tax credit for each taxable year beginning on or after January 1, 2024 and prior to January 1, 2025; and (iii) 25% of the federal tax credit for each taxable year beginning on or after January 1 2025. Provides that the earned income tax credit is available to persons who have attained the age of 18 but have not yet attained the age of 25 and to persons who are 65 years of age or older, without regard to any age requirements that would otherwise apply to individuals without a qualifying child under federal Internal Revenue Code. Extends the earned income tax credit to individuals filing a return using an individual taxpayer identification number (ITIN). Creates a credit for child dependent tax credit that shall be not less than $600 when combined with the taxpayer's earned income tax credit. Effective immediately.

Creates the Right to Counsel in Immigration Proceedings Act. Establishes the Task Force on Counsel in Immigration Proceedings. Provides for members, compensation, and support staff. Provides that the Task Force shall investigate the implementation of universal representation for covered individuals in immigration removal proceedings. Provides that the Task Force shall submit a report of its findings in the investigation and its recommendations for how to fully provide legal representation for covered individuals facing immigration proceedings no later than July 1, 2022. Repeals the Act July 1, 2023. Effective immediately.

Declares May 2022 as Bone Health and Osteoporosis Month. Expresses appreciation of the ideals, goals, and activities of the National Bone Health and Osteoporosis Month in May and encourages appropriate good health programs and activities that promote good bone health throughout the lifetime and prevent osteoporosis.

Amends the School Code. Makes changes concerning the adoption of rules by the State Board of Education governing time out and physical restraint in the public schools. Subject to appropriation, requires the State Board to create a grant program for school districts and special education cooperatives and charter schools to implement school-wide, culturally sensitive, and trauma-informed practices, positive behavioral interventions and supports, and restorative practices. Allows the State Board to contract with a third party to provide assistance with oversight and monitoring, and requires the State Board to establish reduction goals and a system of ongoing review, auditing, and monitoring. Makes changes in provisions concerning a school board's use of time out and physical restraint, including providing that isolated time out, time out, and physical restraint may be used only under certain circumstances, prohibiting the deprivation of necessities and prone, mechanical, and chemical restraint, and requiring a meeting with school personnel if requested by the parent or guardian, the provision of information to parents and guardians, and written procedures. Effective immediately.

Creates the End Youth Solitary Confinement Act. Provides that the use of room confinement of a person under 21 years of age at a juvenile or correctional facility for discipline, punishment, retaliation, or any reason other than as a temporary response to a juvenile's behavior that poses a serious and immediate risk of physical harm to any individual, including the juvenile, is prohibited. Provides that if a covered juvenile poses a serious and immediate risk of physical harm to any individual, including the juvenile, before a staff member of the facility places a covered juvenile in room confinement, the staff member shall attempt to use other less restrictive options, unless attempting those options poses a threat to the safety or security of any minor or staff. Establishes procedures for placing a covered juvenile in room confinement because the covered juvenile poses a serious and immediate risk of physical harm to himself or herself, or to others. Provides that each facility detaining covered juveniles shall report the use of each incident of room confinement to the Attorney General each month. Defines "covered juvenile". House Floor Amendment No. 1 Deletes a reference to the Department of Corrections. Provides that the reporting agency for certain provisions shall be an independent ombudsperson for the Department of Juvenile Justice, rather than the Attorney General. House Floor Amendment No. 2 Provides that "confinement" does not include medical isolation or quarantine. House Floor Amendment No. 3 Defines "administrative hold", "behavioral hold", "chief administrative officer", "confinement", and "investigative status". Provides that a covered juvenile may be placed on an administrative hold and confined when temporarily being housed in a particular covered juvenile center or for administrative or security purposes as personally determined by the chief administrative officer. Provides that placement on administrative hold shall be subject to the following time limitations: (1) when the covered juvenile is awaiting transfer to the Department of Corrections or a more secure setting, the administrative hold may not exceed 3 business days; and (2) the administrative hold may not exceed 7 calendar days when the covered juvenile is temporarily transferred to a different facility for the purposes of placement interviews, court appearances, or medical treatment. Provides that whenever a covered juvenile is on an administrative hold, the Department of Juvenile Justice, Department of Corrections, or county or municipality holding the covered juvenile shall provide the covered juvenile with access to the same programs and services received by covered juveniles in the general population. Provides that any restrictions on movement or access to programs and services shall be documented and justified by the chief administrative officer. House Floor Amendment No. 4 Defines "covered juvenile" as any person under 18 (rather than 21) years of age incarcerated in a correctional facility, jail, or detention facility of any kind operated by the Department of Corrections, the Department of Juvenile Justice, a county, or a municipality. House Floor Amendment No. 5 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill, as amended by House Amendments Nos. 1, 3, and 4. Specifies that "confinement" does not include medical isolation or quarantine.

Amends the Environmental Protection Act. Requires the Environmental Protection Agency to annually review and update the underlying data for, and use of, indicators used to determine whether a community is designated as an environmental justice community and to establish a process by which communities not designated as environmental justice communities may petition for such a designation. Provides that an applicant for a permit for the construction of a new source that will become a major source subject to the Clean Air Act Permit Program to be located in an environmental justice community or a new source that has or will require a federally enforceable State operating permit and that will be located in an environmental justice community must conduct a public meeting prior to submission of the permit application and must submit with the permit application an environmental justice assessment identifying the potential environmental and health impacts to the area associated with the proposed project. Provides requirements for the environmental justice assessment. Provides that a supplemental fee of $200,000 for each construction permit application shall be assessed if the construction permit application is subject to the requirements regarding the construction of a new source located in an environmental justice community. Contains provisions regarding public participation requirements for permitting transactions in an environmental justice community. Provides that if the Agency grants a permit to construct, modify, or operate a facility that emits air pollutants and is classified as a minor source, a third party may petition the Pollution Control Board for a hearing to contest the issuance of the permit. Contains provisions regarding environmental justice grievances. Defines "environmental justice community". Contains other provisions.

Amends the Environmental Protection Act. Provides that all CCR generated by the electric generating industry located in a municipality bordering Lake Michigan with greater than 75,000 inhabitants but fewer than 150,000 inhabitants shall be removed from the site. Provides that, notwithstanding any other provision of law, the amendatory provisions do not impact any financial obligation arising before their effective date. Effective immediately. Senate Floor Amendment No. 2 Adds reference to: 415 ILCS 5/22.59 Replaces everything after the enacting clause. Amends the Environmental Protection Act. Provides that owners and operators of CCR surface impoundments at electric generating plants that are within 4,000 feet of Lake Michigan shall close the CCR surface impoundment by removal and off-site disposal, pursuant to specified provisions and requirements. In additional provisions, requires an owner or operator of an electric generating plant located within 4,000 feet of Lake Michigan that generates or has generated CCR that is not disposed of, treated, stored, or abandoned in a CCR surface impoundment to remove from the owner's or operator's site, for off-site disposal, all CCR generated by the facility and remediate all soil and groundwater impacted by the CCR, in accordance with specified requirements. Requires owners or operators to submit specified plans and reports to the Environmental Protection Agency. Provides that an owner or operator shall post with the Agency a performance bond or other security for the purpose of ensuring removal and remediation in accordance with the provisions. Provides that the Agency may enter into such contracts and agreements as it deems necessary to carry out the purposes of the provisions. Provides that neither the State, nor the Director of the Agency, nor any State employee shall be liable for any damages or injuries arising out of or resulting from any action taken under the provisions. Contains other provisions. Contains a severability provision. Effective immediately. House Committee Amendment No. 2 Makes changes to findings. In provisions concerning Great Lakes CCR protection, provides that an owner or operator of a facility shall remove from the owner's or operator's site, for off-site disposal, all CCR generated by the facility that is not disposed of, treated, stored, or abandoned in a CCR surface impoundment (rather than all CCR generated by the facility). Effective immediately. Land Conveyance Appraisal Note, House Committee Amendment No. 2 (Dept. of Transportation) No land conveyances are included in Senate Bill 3073 House Amendment #2; therefore, there are no appraisals to be filed. Pension Note, House Committee Amendment No. 2 (Government Forecasting & Accountability) SB 3073, as amended by HA 2, will not impact any public pension fund or retirement system in the State of Illinois. State Debt Impact Note, House Committee Amendment No. 2 (Government Forecasting & Accountability) SB 3073, as amended by House Amendment 2, would not change the amount of authorization for any type of State-issued bond, and, therefore, would not affect the level of State indebtedness. Housing Affordability Impact Note, House Committee Amendment No. 2 (Housing Development Authority) This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence. Correctional Note, House Committee Amendment No. 2 (Dept of Corrections) This amendment has no fiscal impact or population impact on the department. Balanced Budget Note, House Committee Amendment No. 2 (Office of Management and Budget) Please be advised that the Balanced Budget Note Act does not apply to Senate Bill 3073, [as amended by House Amendment 2 as it is not a supplemental appropriation that increases or decreases appropriations. Under the Act, a balanced budget note must be prepared only for bills that change a general funds appropriation for the fiscal year in which the new bill is enacted. Judicial Note, House Committee Amendment No. 2 (Admin Office of the Illinois Courts) The legislation will not increase or decrease the number of judges needed in the state of Illinois. Fiscal Note, House Committee Amendment No. 2 (Illinois Environmental Protection Agency) House Amendment #2 imposes no additional fiscal impact on the Illinois EPA.

Amends the Illinois Income Tax Act. Provides that an individual taxpayer age 65 or older is entitled to the earned income tax credit without regard to the requirement under the federal Internal Revenue Code that an individual taxpayer without a qualifying child has not attained age 65. Provides that an individual taxpayer age 18 to 24 is entitled to the earned income tax credit without regard to the requirement under the federal Internal Revenue Code that an individual taxpayer without a qualifying child has attained the age of 25. Provides that certain taxpayers using individual tax identification numbers are entitled to the earned income tax credit. Creates the eligible dependent tax credit. Provides that the total amount of credits between the eligible dependent tax credit and the earned income tax credit may not be less than $600. Amends the Earned Income Tax Credit Information Act to delete certain provisions concerning dependent children. Effective immediately.